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Abstract

The ghostwriting contract</h1>Not too long ago, I answered an advertisement sent out to recruit ghostwriters. The ad required a writing sample, which I happily supplied. I sent off the email and forgot about it.A few months later, I received a response:“We’re looking for new writers. Are you available? We’d like to see a sample chapter from you to our specifications. I’ve sent out our NDA. If you’re interested, I can send you the rest of the information once you’ve signed.”I have been interested in getting into ghostwriting for a while. I’ve had novels accepted to a few small publishers, so I felt like a legitimate business would recognize me as a good candidate. Ghostwriting seemed like a fun way to make some money while practicing my craft. A non-disclosure agreement seemed reasonable, so I clicked on the contract and was about to sign, when I paused.Actually, it’s amazing how close I came to signing the thing without even thinking about it. After all, we’re conditioned to click “I agree” on documents all the time. I’d gone so far as to type my name, when I stopped and decided to read the contract.<h1 id="c41f">“We will invoice the author $10,000\dots”</h1>About two thirds of the way through the contract, there was a clause that got me to sit up and say, “wait a minute, what’s going on here?”I’d been skimming the contract to that point, but when it said, “We will invoice the author$ 10,000…” I went back to the top and started reading with great care.I’m not a lawyer, but my dad is and my uncle is, and when I had to compose a waiver for a business I used to own, I turned to them for rewrites. One thing I’ve learned through working with lawyers is that the concept of legalese is overblown. If you are a good reader, as most writers are, you should be able to understand any clause in a legal document. If you can’t understand a clause, it’s not because you lack an understanding of the law, it’s often because the clause is intentionally vague so that it can be used against you.I read the $10,000 clause. I read it again. I read it a third time. It made no sense to me.On the one hand, it seemed to be something of a conditional statement that would only be invoked if the author shared privileged information. On the other hand, it just sounded like the business was giving itself the right to “send the author an invoice for$ 10,000” at its own discretio

Options

n.When in doubt, there is no doubt.I closed the document and sent a polite email explaining I couldn’t sign because I didn’t like their contract.<h1 id="88b3">Never agree to a contract with an invoice clause</h1>There is a good rule in writing and that is that the money should always flow towards the writer. If there is any indication that money will flow away from the writer, then you should walk away.Now, there are minor exceptions to this rule. Establishing a web page, for example, will entail hosting fees, and authors might have to pay a monthly fee to maintain an email list. But these expenses represent properties that are wholly owned by the author.Don’t sign off on documents that assign you fees even as they take away your intellectual property rights.<h1 id="6a50">Skepticism is healthy</h1>Every writer has dreams of striking it big and finally achieving a contract that will take them to the next level. I’ve worked with plenty of small presses that offer contracts that aren’t particularly great, even if they aren’t overtly predatory. Contracts are necessary in any work relationship to make sure that all parties understand their legal responsibilities.There is a sense of euphoria that accompanies any job offer, however, you have to push through the euphoria and make sure you aren’t being taken advantage of. If you get a sense that something is wrong, no legitimate business will begrudge you the fact that you took the time to ask about the wording of a legal clause. In fact, you should almost resolve yourself to challenge something in every contract offer just to see how the employer responds.If you ask, “Can you tell me more about the invoice section?” and you get ghosted, then you have your answer.You’ve heard it before, but it needs to be repeated. Always read the fine print.Good luck out there writers!<figure id="f6d3"><img src="https://cdn-images-1.readmedium.com/v2/resize:fit:800/0*lKvEnKYHU7dUN8Jv.png"><figcaption></figcaption></figure>You just read another exciting post from the Book Mechanic: the source for writers and creators who want to make more work that sells and sell more work they make.If you’d like to read more stories just like this one <a href="https://medium.com/the-book-mechanic?source=post_page---------------------------">tap here to visit</a></article></body>

Why I Turned Down a Lucrative Ghostwriting Contract

Always read the fine print

Pursuing a career in writing is always a minefield, and you have to tread lightly. Writers get so used to being treated as secondary citizens, that they can lose track of their own better judgment. One thing to always keep in mind is that you should never sign a contract until you’ve read the whole thing and had a legal professional provide you with an informed opinion.

Writers are the target of scams

We’ve all laughed at the people who fall victim to internet cons that promise a huge payout of cash upon receipt of a small service fee. “How could anyone be so stupid?” we think, as we sip our morning coffee and peruse the other news items of the day.

But then an alert in your inbox informs you of a response from a publisher.

“We’d like to offer you a contract!” it says, and your heart is beating so fast that you have trouble putting down your coffee mug without spilling it. “Finally! I’ve made it as a writer,” you think, and then you sign a contract that you live to regret for the rest of your life.

Always read the contract

When you work from home, as many writers do, you get in the habit of signing contracts for people that you’ve never met face to face. Somehow, providing an electronic signature does not seem to have the same weight as actually putting pen to paper. You click on your name, type in the letters, pick a nice font, and you’re done.

Can that really hold up in court?

Yes! It can hold up in court, and even if it doesn’t hold up in court, every contract you sign gives an organization a legal basis for making your life absolutely miserable.

You have to understand that a contract is not just a written agreement that designates the terms of an assignment. Contracts are legally binding transfers of power through which you can inadvertently surrender your time, money, and intellectual property.

The ghostwriting contract

Not too long ago, I answered an advertisement sent out to recruit ghostwriters. The ad required a writing sample, which I happily supplied. I sent off the email and forgot about it.

A few months later, I received a response:

“We’re looking for new writers. Are you available? We’d like to see a sample chapter from you to our specifications. I’ve sent out our NDA. If you’re interested, I can send you the rest of the information once you’ve signed.”

I have been interested in getting into ghostwriting for a while. I’ve had novels accepted to a few small publishers, so I felt like a legitimate business would recognize me as a good candidate. Ghostwriting seemed like a fun way to make some money while practicing my craft. A non-disclosure agreement seemed reasonable, so I clicked on the contract and was about to sign, when I paused.

Actually, it’s amazing how close I came to signing the thing without even thinking about it. After all, we’re conditioned to click “I agree” on documents all the time. I’d gone so far as to type my name, when I stopped and decided to read the contract.

“We will invoice the author $10,000…”

About two thirds of the way through the contract, there was a clause that got me to sit up and say, “wait a minute, what’s going on here?”

I’d been skimming the contract to that point, but when it said, “We will invoice the author $10,000…” I went back to the top and started reading with great care.

I’m not a lawyer, but my dad is and my uncle is, and when I had to compose a waiver for a business I used to own, I turned to them for rewrites. One thing I’ve learned through working with lawyers is that the concept of legalese is overblown. If you are a good reader, as most writers are, you should be able to understand any clause in a legal document. If you can’t understand a clause, it’s not because you lack an understanding of the law, it’s often because the clause is intentionally vague so that it can be used against you.

I read the $10,000 clause. I read it again. I read it a third time. It made no sense to me.

On the one hand, it seemed to be something of a conditional statement that would only be invoked if the author shared privileged information. On the other hand, it just sounded like the business was giving itself the right to “send the author an invoice for $10,000” at its own discretion.

When in doubt, there is no doubt.

I closed the document and sent a polite email explaining I couldn’t sign because I didn’t like their contract.

Never agree to a contract with an invoice clause

There is a good rule in writing and that is that the money should always flow towards the writer. If there is any indication that money will flow away from the writer, then you should walk away.

Now, there are minor exceptions to this rule. Establishing a web page, for example, will entail hosting fees, and authors might have to pay a monthly fee to maintain an email list. But these expenses represent properties that are wholly owned by the author.

Don’t sign off on documents that assign you fees even as they take away your intellectual property rights.

Skepticism is healthy

Every writer has dreams of striking it big and finally achieving a contract that will take them to the next level. I’ve worked with plenty of small presses that offer contracts that aren’t particularly great, even if they aren’t overtly predatory. Contracts are necessary in any work relationship to make sure that all parties understand their legal responsibilities.

There is a sense of euphoria that accompanies any job offer, however, you have to push through the euphoria and make sure you aren’t being taken advantage of. If you get a sense that something is wrong, no legitimate business will begrudge you the fact that you took the time to ask about the wording of a legal clause. In fact, you should almost resolve yourself to challenge something in every contract offer just to see how the employer responds.

If you ask, “Can you tell me more about the invoice section?” and you get ghosted, then you have your answer.

You’ve heard it before, but it needs to be repeated. Always read the fine print.

Good luck out there writers!

You just read another exciting post from the Book Mechanic: the source for writers and creators who want to make more work that sells and sell more work they make.

If you’d like to read more stories just like this one tap here to visit